9911796707
TMI Blog2017 (3) TMI 1528X X X X Extracts X X X X X X X X Extracts X X X X ..... order as on 21.03.2017, i.e., just immediately a day after the disposal of the appeal by the Appellate Authority, without even waiting for the petitioner to approach the Tribunal and seek for appropriate interim relief while filing the Appeal challenging the order of the First Appellate Authority. It is also seen from the proceedings of the 2nd respondent dated 22.03.2017 that in pursuant to the impugned order of attachment, a sum of ₹ 1,51,07,000/- was also debited from the account of the petitioner to the credit of the 1st respondent. This Court, at this stage, cannot go into the correctness or otherwise of the order of attachment as confirmed by the Appellate Authority, as the petitioner is still having further remedy of Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nishees and payable to the petitioner, by issuing notice under Section 226(3) of the Income Tax Act. 2. Heard both sides. Since the writ petition is being disposed of after hearing the petitioner as well as the contesting respondent namely the 1st respondent, notice to the 2nd and 3rd respondents is dispensed with. 3. The petitioner is the Central Co-operative Bank registered with the Registrar of Co-operative Societies, Tindivanam, and carrying on business of Banking under the license granted by the Reserve Bank of India. The petitioner's Co-operative Society was assessed to Income Tax for the assessment years 2008-09 to 2012-13. The petitioner challenged such order of assessment before the Commissioner of Income tax (Appeals) Po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peals by the First Appellate Authority, ought to have challenged the same before the Tribunal in the manner known to law and without doing so, the petitioner cannot approach this Court and challenge the impugned order. 5. It is not in dispute that the petitioner Co-operative Bank, after suffering an order of assessment, has preferred an Appeal before the First Appellate Authority namely, the Commissioner of Income Tax (Appeals) Pondicherry, who in turn dismissed such Appeal only on 20.03.2017, by serving a copy of the same on the petitioner only on 23.03.2017. It is also evident that the 1st respondent, in the meantime, has issued the impugned attachment order as on 21.03.2017, i.e., just immediately a day after the disposal of the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00/- has been debited from the account of the petitioner, the Writ Petition is allowed and the impugned order of attachment is set aside, subject to the following conditions. (a) The petitioner shall prefer an Appeal before the Income Tax Appellate Tribunal within a period of 30 days from the date of receipt of a copy of this order along with a stay petition. (b) Such Stay Petition filed by the petitioner shall be taken up by the Income Tax Appellate Tribunal and decided on its own merits and in accordance with law within a period of 7 days from the date of such filing. (c) As this Court has allowed the writ petition and raised the order of attachment, the 1st respondent has to wait for the order to be passed in the Stay petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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